Doctrine of resjudicata applies in criminal case/

N.K.Assumi (Querist) 07 March 2009 This query is : Resolved
Does the doctrine of Resjudicata applies in Criminsl case?

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Jithendra.H.J (Expert) 07 March 2009
yes!

heard double jeopardy?

as per Article 20(2) of the Indian Constituion,' no person shall be prosecuted and punished for the same offence more than once'.

M. PIRAVI PERUMAL (Expert) 07 March 2009
I agree with the views of my friend.

B.B.R.Goud. (Expert) 07 March 2009
yes.
do you heard about the double jeopardy?
as per the Art 20 (2), constitution of india, 1950 - " no person shall be prosecuted and punished for the same offence more than once."

N.K.Assumi (Querist) 07 March 2009
Yes Sirs, i have heard about double jeopardy and thank you all of you. Now, if anticipatory bail is rejected by the High Court, will it amount to resjudicata to move bail under 437 or 439?

V.V.RAMDAS (Expert) 08 March 2009
No, it will not amount to resjudicata to move bail under 437 and 439. you can not go for 439 directly without moving u/s 437 Cr.P.C

K.C.Suresh (Expert) 09 March 2009
No is the answer Assumi for the bail issue.

A. A. JOSE (Expert) 09 March 2009
Agree with Mr.Suresh

B.B.R.Goud. (Expert) 10 March 2009
no, it will not amount to resjudicata.

you can move bail petition under Sec 437, Cr.P.C first and then only you have the option to move under Sec 439 Cr.P.C.

MANISH (Expert) 11 March 2009
NO SIR

In one case, I read that the provision of Res Judicata is given only in CPC and its provisions are not applicable in Criminal Cases.

SANJAY DIXIT (Expert) 16 March 2009
No, Mr Assumi, it would not be applicable in bail matter (regarding the above querry).

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